HC can decline to exercise jurisdiction if previously on similar matters he approached some other HC

Indore Mahavidyalaya Versus National Council for Teachers Education (Delhi HC)- While the learned Single Judge noticed that the office of the respondent falls within the territorial jurisdiction of this Court, yet he declined to exercise jurisdiction on the ground that on three previous occasions– including when the grievance arose  vis-à-vis  a previous order of the Appellate Committee, the writ petitioner approached the most convenient forum, i.e. the Madhya Pradesh High Court, it was not appropriate to entertain this writ petition in Delhi. Apart from the fact that the exercise of jurisdiction in such cases is not compulsive, discretion is also exercised having regard to the fact-circumstance in each case. In the present case, the learned Single Judge clearly adopted the forum inconvenience approach in declining to exercise jurisdiction (Ref.  Kusum Ingots & Alloys v.Union of India 2004 (6) SCC 254).

IN THE HIGH  COURT OF DELHI AT NEW DELHI

Date of decision: 06.06.2011

LPA 538/2011

INDORE MAHAVIDYALAYA ….. Appellant

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